1.1. Performance. The supplier undertakes to manufacture, sell and distribute items manufactured in accordance with the terms set out in this delivery agreement. The supplier agrees not to export or re-export, directly or indirectly, confidential information, goods, software and/or technologies from the buyer to a country for which the Netherlands or the United States of America or any other country, at the time of export or re-export, require an export license or other administrative authorization, without first obtaining such a license or authorization. The supplier also undertakes to inform the buyer whether the supplier product or supplier`s technology is controlled and/or controlled in the United States in accordance with the export control laws of its own country and, if so, which export control classification number (ECCN) 1.4. Delivery failure. The supplier and buyer recognize that the items are unique and the buyer will not be able to replace the items with similar goods from the market. Therefore, in the event of a default that is not due to the buyer`s or buyer`s order error, the supplier must provide comparable goods from the supplier`s inventory, as long as the supplier is unable to deliver these goods and the price of the comparable goods is equal to the supplier`s costs. This price does not include the additional costs incurred by the supplier. The supplier must bear any additional costs that may be required for the distribution of the replacement product according to the initial order for the items (p.B. accelerated shipping costs). The supplier guarantees that the goods are free of health errors.
An “epidemic deficiency” is a deficiency that is found in more than half a percent (0.5%) either a lower percentage, in accordance with the specifications of the product of the same type or essentially of the same type, that the supplier has delivered to the buyer or its related companies within the time of the disease error indicated in the relevant specifications, or if, within three (3) consecutive months, no such period is indicated and that the defect is similar or substantially similar, or that it is a similar or substantially similar cause.